You have an interesting definition of scam. For me "selling" you something by misrepresenting what it is, is pretty much the definition of a scam to me. It does not matter if it had some convenience to me. E.g. If I was sold a new iPhone online (maybe when it was currently not available on the apple store) and I later found out it was used (and I e.g. can't get warranty) I would say I have been scammed, even though it was convenient for me to buy it from some vendor online and I didn't have to wait for it to be back in stock at apple.